Oct. 27, 2010 (AlterNet) -- Election 2010 is being fought on a wave of campaign dollars unleashed on the American people by the Supreme Court in its Citizens United v. FEC decision. The court, led by a majority of staunch right-wingers, struck down limits on third-party “electioneering” ads based on a tortured interpretation of the First Amendment guarantee of free speech.
Thomas Mann, a Brookings Institution scholar, wrote that the decision “will likely go down in history as one of the Supreme Court's most egregious exercises of judicial activism.“ Rep. Peter Fazio, D-Oregon, told the Huffington Post last week that “the Supreme Court has done a tremendous disservice to the United States of America… They have done more to undermine our democracy with their Citizens United decision than all of the Republican operatives in the world in this campaign.” DeFazio said he is “investigating articles of impeachment" against Chief Justice John Roberts for committing perjury when he promised he wouldn't be a judicial activist during his Senate confirmation hearings.
The floodgates are open, and American democracy is at risk. But the decision didn’t emerge out of thin air. Rather, it was the culmination of the development, over more than a century, of a bizarre theory of jurisprudence that holds that corporations enjoy the same Constitutional rights as human beings.
For years, it was believed the concept was enshrined in the law by the Supreme Court in 1886, but in his groundbreaking book, Unequal Protection: How Corporations Became People -- And How You Can Fight Back, historian and radio host Thom Hartmann revealed that the principle was in fact the result of what may be the greatest corporate fraud ever perpetrated on the American people.
With the first post-Citizens United election looming -- and the release of Unequal Protection in paperback -- AlterNet caught up with Hartmann to discuss how corporations bought themselves a perverse regiment of civil rights.
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